England's children's commissioner, Rachel de Souza, has warned that Home Office proposals to forcibly remove refused asylum seekers, including children receiving medical treatment, could cause 'significant harm' and breach the Children Act 1989. In a letter to Home Secretary Shabana Mahmood, de Souza argued that the three proposals outlined in a March consultation should not be implemented as they currently stand.
The proposals include cutting support for families with refused asylum applications, cutting support for adult care leavers with refused claims, and legislating the use of physical interventions—such as handcuffs—on children during enforced removals. De Souza's office estimates that up to 27,000 children could be affected.
Legal and Ethical Concerns
De Souza stated that the proposals 'will put children at risk of harm' and could breach the Children Act 1989, which requires that a child's best interests be a primary consideration in all decisions affecting them. She called for the reversal of a proposal that continuing medical treatment should not be considered an obstacle to leaving the UK, arguing it is at odds with children's best interests.
Under the current proposals, families with children undergoing medical treatment would lose accommodation and support while awaiting removal, unless they would otherwise be destitute or have accepted reasons for staying. Mahmood has suggested offering up to £10,000 per person (capped at four) to leave voluntarily if asylum is refused.
Physical Interventions on Children
De Souza also urged the Home Office not to act on proposals allowing immigration and detainee custody officers to use force against children. Currently, officers are not permitted to use physical interventions on children. The consultation proposes such interventions when an accompanied child does not comply with removal requirements, including the use of handcuffs.
De Souza insists that any force used against a child must be an 'absolute last resort,' solely to protect the child or others from harm, and carried out with the 'utmost gravity' by trained professionals.
Government Stance and Criticism
In a March speech, Mahmood argued that failure to control the asylum system would be 'catastrophic,' warning that a loss of control breeds fear and can lead to 'ethno-nationalism.' Campaigners have criticized the plans, warning they could lead to the deportation of sick children even if treatment is unavailable in their home countries.
De Souza has formally requested data from Mahmood on how many children would be affected, where they live, and what support they might need, noting that the Home Office cannot assure her of the scope of the impact.
